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HomeMy WebLinkAbout1996 02 12 Regular Item E - "-- ; . ;~. COMMISSION AGENDA ITEM E REGULAR X CONSENT INFORMATIONAL FEBRUARY 12. 1996 Meeting REQUEST: General Services Department (Community Development Division) Requesting consideration of adoption upon Second Reading of Ordinance No. 614 changing the future land use designation from Moderate Density Residential" designation to "Commercial" on a certain parcel ofland known as the Mestdagh property. PURPOSE: The purpose of this Board item is to hold a second reading at a Public Hearing of a proposed ordinance to change the Future Land Use Map from "Moderate Density Residential" designation to "Commercial" on a certain parcel ofland known as the Mestdagh property. In accordance with 166.041 Florida Statutes a first reading and second reading at a Public Hearing are required. CONSIDERA TIONS: The applicant states "The purpose of the request is to make the land use classification and zoning of the subject parcel consistent with that of the adjacent parcel. . .At the time of purchase, the former owner represented to the applicant that both parcels were zoned C-l, with a land use classification of commercial. However, only that half of the property immediately adjacent to Wade Street is zoned C-1 and has a land use classification of commercial. " October 04, 1995 - The Local Planning Agency reviewed the request by Mr. Rene Mestdagh, owner of the property, to change the future land use designation from "Moderate Density Residential" to "Commercial" and unanimously recommended approval to the City Commission. . . February 12, 1996 AGENDA ITEM NUMBER E Page 2 January 22, 1996 - The City Commission held a first reading on the request to change the future land use designation from "Moderate Density Residential" to "Commercial" and voted to approve it. The proposed change is recommended in view of: 1. The adjacent areas to the north and west (west portion ofMestdagh property) of the subject parcel are designated "Commercial" on the Future Land Use Map. 2. There should be no significant negative impact on adjacent land uses, as a result of the property being redesignated on the Future Land Use Map as "Commercial" and used in the future for a small scale commercial operation such as indicated in the C-l "Neighborhood Commercial" Zoning District. 3. The use of both the east and west portions of the property as small scale commercial would allow a more viable commercial operation with larger square footage and road frontage (280'). RECOMMENDATION: Recommend the City Commission consider approving the request by Mr. Rene Mestdagh for redesignation of the east portion of his property on the Future Land Use Map from "Moderate Density Residential" to "Commercial". J . " February 12, 1996 AGENDA ITEM NUMBER E Page 3 IMPLEMENTATION SCHEDULE: This Ordinance shall take effect immediately upon its final passage and adoption. ATTACHMENTS: 1. Vicinity Map (property in black). 2. Present Future Land Use Map designation. 3. Proposed Ordinance Number 614. COMMISSION ACTION: " .. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone (407) 327-1800 Community Development LOCAL PLANNING AGENCY AGENDA ITEM: IV. B . NEW BUSINESS MESTDAGH SMALL SCALE COMPREHENSIVE PLAN AMENDMENT SM-CPA-2-95; AND REZONING. STAFF REPORT: In accordance with the requirements of 163.3187(c) Florida Statutes, presented below is a proposed change to the Future Land Use Map of the City'S Comprehensive Plan. SM-CP A-2-95 SMALL SCALE COl\1PREHENSIVE PLAN Al\1ENDl\1ENT I. SUMMARY: APPLICANT: Robert L. Harding Smith, Williams & Humphries 201 East Pine Street, Suite 701 Orlando, FL 32801 849-5151 OWNER: Rene Mestdagh, as Trustee 8506 Bay Hill Blvd. Orlando, FL 32819 REQUEST: For change of Future Land Use designation from "Moderate Density Residential" to "Commercial". . .. PURPOSE: The applicant states "The purpose of the request is to make the land use classification and zoning of the subject parcel consistent with that of the adjacent parcel, of the North 375 feet along the eastern right-of-way of Wade street of the west 1/4 of Lot 41, which is also owned by the applicant. The applicant purchased the two parcels. They were purchased together as one parcel by the applicant on July 3, 1986. At the time of purchase, the former owner represented to the applicant that both parcels were zoned C-1, with a land use classification of commercial. However, only that half of the property immediately adjacent to Wade street is zoned C-1 and has a land use classification of commercial. PROPERTY: Location: Southeast corner of the intersection of Wade Street and S.R. 419. Legal Description: The north 375 feet as measured along the eastern right-of-way of Wade Street of the west 1/2 of Lot 41 Entzminger Farms, Addition NO.2, as recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida, less the north 375 feet along the right-of-way of Wade Street of the west 1/4 of Lot 41, Entzminger Farms, Addition No.2, as recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida. ACREAGE: Application states 1.5 +/-; Sign posted on the lot indicates +/- 2 acres. EXISTING LAND USE: Vacant; vegetative cover. FUTURE LAND USE DESIGNATION: Existinq: Commercial on west portion of the parcel and Rustic Residential on the east portion. (R-U Rural-Urban zoning category was eliminated with the elimination of the Rural Residential land use Classification). Reauested: Commercial on the east portion of the parcel. . . ZONING: Existinq: C-1 on the west portion of the parcel and R-U Rural-Urban on the east portion. Requested: C-1 on the east portion of the parcel. ADJACENT USES: Vacant; vegetative cover. North: South: Small church on large grassed area. East: Residential; single family. West: Residential; single family subdivision. ll. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED IN REVIEWING THIS APPLICATION. A. PUBLIC FACILITIES: 1. ROADS/TRAFFIC CIRCULATION: a. Availability of access: S.R. 419 and Wade Street b. Functional Classification: S.R. 419 is a two-lane Arterial road. Wade Street is a two-lane Local road. c. Improvements/expansions (includinq acquisition) alreadY proqramrned or result of the proposed amendment: riqht-of-way needed as a None. 2. SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT, POTABLE WATER: POTABLE WATER: a. Facilities serving the site. None. . . b. Improvements/expansions needed as a result of ?roposed amendment: None to the main system. Water is available from lines immediately on the west side of Wade street. A line extension crossing Wade street to the parcel would need to be made. SANITARY SEWER: a. Facilities servinq the site: None. b. Improvements/expansions needed as a result of proposed amendment: None to the main system. Sewer is available from lines immediately on the west side of Wade street. A line extension crossing Wade Street to the parcel would need to be made. DRAINAGE/STORMWATER: a. Facilities serving the site. None. No retention ponds in the area. A storm pipe is under Wade Street with a west to east flow into a swale that traverses eastward and then northward to the swale along S.R. 419 and into a storm pipe under S.R. 419. b. Improvements/expansions needed as a result of proposed amendment: If the property would be developed for small commercial operation(s), it would be necessary to supply on site stormwater retention i.e. retention pond. Overflow would have to go into S.R. 419 swale. SOLID WASTE: a. Facilities servinq the site. The city has a franchise agreement with. a solid waste hauler, IWS until December, 1995. A new exclusive franchise agreement will be concluded after a bid process. . - b. Improvements/expansions needed as a result of proposed amendment: None. 3. RECREATION AND OPEN SPACE, INCLUDING: a. Facilities servinq the site. Not applicable if property designated commercial on Future Land Use Map and zoned commercial. If residential, then Central Winds. Park serves the site. b. Improvements/expansions needed as a result of proposed amendment: None. C. LAND USE COMPATIBILITY: a. Soils, topographv, flood prone areas. Soils upon the site are: Tavares-Millhopper fine sands, o to 5% slopes. The soils in this map unit are nearly level to gently sloping and moderately well drained. These soils are on low ridges and knolls on the uplands. The slopes are nearly smooth to slightly convex. The soils have a seasonal high water table at a depth of 36 to 60 inches for 2 to 6 months. The soils are mostly used for citrus crops., as pasture and rangeland, or for homesites and other urban development. b. Natural resources, historic resources. No natural or historic resources have been found. c. Nuisance potential of pro?osed use to surroundinq land uses. The proposed land use change from "Moderate Density Residential" to "Commercial" should not negatively impact adjacent land uses. The subject parcel is directly bordered on the. north by S.R. 419 with vacant land with vegetative cover to the north of the right-of-way and beyond that the CSX railway. To the east is a single-family residence and vacant land with vegetative cover to the east of the . , residence. To the south is a small church on a large grassed area. To the west, across Wade street, is a residential, single family subdivision. There should be no significant nuisance as the property being used in the future for commercial operations such as indicated "Neighborhood Commercial" Zoning District. a result of small scale in the C-l According to Sec. 20-231 of the City Code: "The C-l Neighborhood Commercial District consists of lands abutting certain principal streets, the frontages of which are especially adaptable to selected low-traffic- generating uses. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic movement and generation. .The district is designed to promote spaciousness of .L.md use." D. ECONOMIC DEVELOPMENT: Location of small commercial activity(s) on the parcel should add to the City's tax base. E. CONSISTENCY/COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN: [per definition in 9J-.5.021 F.A.C.] The proposed amendment is consistent with and compatible with the Comprehensive Plan in that it is not in conflict with the plan, and furthers the plan, specifically Objective C of Goal 3 of the Future Land Use Element of the Comprehensive Plan. III. STAFF RECOMMENDATION: staff recommends that the Local Planning Agency recommend approval to the City commission on the request by Rene Mestdagh for change of Future Land Use designation from "Moderate Density Residential" to "Commercial" on the east portion of the property. ~ - ~-~_---..:- m..~:; w--=_... :i'.o;~~~~=~:~.. . 0.... .._;.... . _..._.... j.....,...... J 0- f: l"- i. ,. r I; r J, I; t I -... ~ I ......::..~~~'t':>o:..~.;o........~:~.~~_.._-c-.....--...-_o-;.~---..-.-.. ~~ ~ ~~. ~;--~ OLD S~D n.o JJ ---------- ,. 1 . 4~. " ~ ~ ' ~r I .~ . J ~. ...."IT IIlo!IL.L l- I' r- 1 ~ J I. I . . . H t i : , i ~ · fl ~l . 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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE OF THE NORTH 375 FEET AS MEASURED ALONG THE EASTERN RIGHT OF WAY OF WADE STREET OF THE WEST 1/2 OF LOT 41 ENTZMINGER FARMS, ADDITION NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS THE NORTH 375 FEET ALONG THE RIGHT OF WAY OF WADE STREET OF THE WEST 1/4 OF LOT 41, ENTZMINGER FARMS, ADDITION NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FL. FROM THE PRESENT ZONING CATEGORY RURAL URBAN (R-U) TO NEIGHBORHOOD COMMERCIAL (C-1) PURSUANT TO 166.041 FLORIDA STATUTES; PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP; SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of winter Springs, Florida has determined it to be in the best interests of the health, safety and welfare of the citizens of winter Springs, Florida to change the future land use from its present designation of "Moderate Density Residential" to "Commercial" on the following real property situate in Winter Springs, Florida: THE NORTH 375 FEET AS MEASURED ALONG THE EASTERN RIGHT OF WAY OF WADE STREET OF THE WEST 1/2 OF LOT 41 ENTZMINGER FARMS, ADDITION NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS THE NORTH 375 FEET ALONG THE RIGHT OF WAY OF WADE STREET OF THE WEST 1/4 OF LOT 41, ENTZMINGER FARMS, ADDITION NO.2, AS .. :;.,..,# .. , j t. RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FL. WHEREAS, the City commission for the City of Winter Springs, Florida has determined that the change of future land use of the above described property will make it conform with the future land use designation of the west portion of the property and with the Winter Springs Comprehensive Plan. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of winter Springs, hereby changes the future land use designation of "Moderate Density Residential" to "Commercial" on the following described property: THE NORTH 375 FEET AS MEASURED ALONG THE EASTERN RIGHT OF WAY OF WADE STREET OF THE WEST 1/2 OF LOT 41 ENTZMINGER FARMS, ADDITION NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS THE NORTH 375 FEET ALONG THE RIGHT OF WAY OF WADE STREET OF THE WEST 1/4 OF LOT 41, ENTZMINGER FARMS, ADDITION NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FL. SECTION II - That the City commission of the City of winter Springs has determined that a future land use designation of Commercial" would be compatible with the west portion of the property and with the surrounding properties within the City and with the City'S Comprehensive Plan and with the passage of this Ordinance the City Commission does hereby amend the Future Land Use Map of the City of ,. ~ .. l"'''- winter Springs, Florida, to include the east portion of the subject property within the future land use designation of "Commercial". SECTION III - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION IV - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION V - This Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 163.3187(3) (a) Florida Statutes. PASSED AND ADOPTED this____day of , 1996. CITY OF WINTER SPRINGS JOHN F. BUSH, MAYOR ATTEST: CITY CLERK FIRST READING January 22, 1996 POSTED January 23, 1996 SECOND READING AND PUBLIC HEARING February 12, 1996